79-29-207 - Filing with the Secretary of State.
§ 79-29-207. Filing with the Secretary of State.
(1) One (1) original of the certificate of formation and of any certificate of amendment, dissolution, cancellation or merger and any restated certificate or of any judicial decree of amendment, dissolution, cancellation or merger or restated certificate and any certificate filed by the Secretary of State pursuant to Section 79-29-106 must be delivered to the office of the Secretary of State. A person who signs a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing by the Secretary of State. Unless the Secretary of State finds that a certificate is not acceptable for filing, upon receipt of all filing fees required by Section 79-29-1203 he shall:
(a) Endorse on the original the word "Filed" and the day, month and year of the filing thereof;
(b) File the original in his office; and
(c) Return a copy to the person who delivered it for filing or his representative.
(2) Upon the filing of a certificate of amendment or judicial decree of amendment or an amended and restated certificate by the Secretary of State or upon the future effective date of a certificate of amendment or judicial decree thereof or an amended and restated certificate, as provided for therein, the certificate of formation shall be amended as set forth therein. Upon the filing of a certificate of dissolution or cancellation or a judicial decree thereof by the Secretary of State or upon the future effective date of a certificate of dissolution or cancellation or a judicial decree thereof, the certificate of formation is dissolved or canceled, as the case may be.
(3) Each certificate delivered to the office of the Secretary of State for filing must be typewritten or printed, or, if electronically transmitted, it must be in a format that can be retrieved or reproduced by the Secretary of State in typewritten or printed form, and must be in the English language. A limited liability company name need not be in English if written in English letters or Arabic or Roman numerals.
Sources: Laws, 1994, ch. 402, § 19; Laws, 1995, ch. 362, § 11; Laws, 1997, ch. 418, § 35, eff from and after July 1, 1997.